Email Communication between Richard Keigwin, EPA Office of Pesticide Programs, and
William Swietlik, EPA Office of Water

From: Keigwin, Richard (Keigwin.Richard@epa.gov) Sent: Wednesday, April 30, 2014 6:51 AM To: Swietlik, William Cc: Kim Wagoner; Elizabeth Sabol; Kimberly Bartell; Goodwin, Janet; Brady, Donald; Dumas, Richard Subject: RE: Questions for OPP about Pesticides

BillIn the attached, you should find our responses to the questions you posed as part of the 2014

Annual Review of OW's industrial wastewater effluent lim itations guidelines. Please let us know if you have any additional questions or if you need clarification regarding any of our responses. Rich Dumas is also available to assist.

--Rick

Rick Keigwin Director, Pesticide Re-evaluation Division O ffice of Pesticide Programs US Environmental Protection Agency

From: Swietlik, William Sent: Thursday, April 17, 2014 2:12 PM To: Brady, Donald; Keigwin, Richard Cc: Kim Wagoner; Elizabeth Sabol; Ki mberly Bartell; Goodwin, Janet Subject: RE: Questions for OPP about Pesticides

Don/Rick:

As I mentioned in an earlier e-mail to you, as pa rt of the 2014 Annual Revi ew of OW's industrial wastewater effluent limitations gui delines (ELGs), we have initiated a review of pesticide active ingredients measured by existing or new analytical methods that do not currently have effluent

limits under the Pesticide Chemicals Manufactur ing ELG, as established in 40 CFR Part 455

back in 1993/1998. See: http://water.epa.gov/scitech/w astetech/guide/pesticides/

To complete our review, it would be helpful to get some information from you regarding the pesticides registration process a nd the manufacture of some pestic ides we have identified as a potential concern from our review. Attached, is a list of que stions for which we w ould like your answers.

Please let me know if you have a ny questions about our request.

Thanks,

Bill_________________________________ William F. Swietlik US EPA, Office of Water Engineering and Analysis Division (4303T) 1200 Pennsylvania Ave., NW Washington, DC 20460 202-566-1129: phone

202-566-1053: Fax1 Responses from OPP – April 29, 2014

Background related to questions:

The Federal Insecticide, Fungici de, and Rodenticide Act (FIFRA) is the law governing pesticide registration (license). It provi des the authority to regulate the content and labeling of pesticide products, but not pesticide production nor pr oduction facilities. Production can be for distribution within the U.S. or solely for expor t. When produced for distribution, sale and use within the U.S., a pesticide registration is requ ired. However, products manufactured solely for export do not require a U.S. regist ration. Consequently, the status of the registration may not be a good indicator for determining which chemi cals might be discharged into American waterways. However, under FIFRA section 7, pr oduction at each manufacturing facility must be reported annually to the appropria te EPA Regional office regardless of where the chemical will

be sold.

Reregistration is complete. The 1988 amendmen ts to FIFRA established the reregistration process. It was a one-time review of all pesticides registered prior to November 1984. In the mid-1980s, EPA promulgated through rule making, a new set of study guidelines. Because of the higher data standards, Congress select ed the November 1984 cut-off assuming newer registrations met a higher standa rd than some older products. The law did not sunset any registration nor did it pr ovide any new authority to regulate pesticides.

Registration review was mandated by the Food Qu ality Protection Act (FQPA) of 1996. The law requires the Agency to review each registered pes ticide at least every 15 years. It also required that OPP establish the program through rule ma king. The rule became effective on October 10, 2006. As with reregistration, the law does not es tablish a sunset prov ision nor create new authority to regulate pesticides. It did set some higher safety standards, particularly for risks associated with children’s exposure to pesticides.

Review of Pesticides Without Effluent Limits Covered by Existing Analytical Methods: Questions for OPP April 16, 2014

As part of the 2012 Annual Revi ew of existing industrial wast ewater effluent guidelines, the Office of Water (OW) reviewed analytical methods recently developed or revised by the Agency to facilitate its iden tification of pollutants for whic h there are no ELGs in industrial wastewater discharge. From its examinati on of the 2012 Method Update Rule during the 2012 Annual Review, OW identified 30 pe sticide active ingred ients (PAIs) that are now measured by existing analytical methods, but do not curren tly have effluent limits under the Pesticide Chemicals Manufacturing ELGs, as established in Tables 2 a nd 3 in 40 CFR Part 455, Subpart

A.

For the 2014 Annual Review, OW is investig ating whether manufacturers in the U.S. are producing any of the 30 unregulated PAIs and wh ether these ingredients may be present in industrial wastewater discharges. OW completed a preliminary review of potential discharges of these pesticides and did not identify any disc harges from pesticide chemicals manufacturing2 facilities reported to either discharge monitoring report (DMR) data or the Toxics Release Inventory (TRI) in 2011. Additionally , OW reviewed the pesticide re gistration status for each of these pesticides. It is understood that OPP requires registration for use and production of specific pesticide chemicals in the U.S. and is currently in the process of re-re gistering any pesticide originally registered before 1984. OPP prohibits use or production of any pesticide that is not currently registered or register ed prior to 1984. Any pesticide re gistered after 1984 maintains its registration.

OW has following questions for OPP regard ing the pesticides re gistration process:

1. Did we accurately characterize the regi stration process in the paragraph above? See background above.

2. How long does chemical registration last? Generally, there is no expiration date on a pesticide registered und er section 3 of FIFRA.

3. Will the registration for PAIs registered after 1984 expire? No. If yes, when?

4. For chemicals that were registered prior to 1984, but are not currently going through re-registration, are they considered unregistered at this point? All currently registered pesticides will be re-evaluated through the registration review program. As discussed in response to Question 2, pesticide registrations generally do not expir e, unless that is a condition of that specific re gistration. However, a number of products evaluated through the reregistration program have been can celed. U.S. production of these products, however, is permissible for export purposes only.

5. What authority does the re-registration pr ocess have? (i.e., is it just a review? Can registration be revoked based on the review?) As discussed above, reregistration has been completed. All regist ered pesticides are now be ing re-evaluated through the registration review program. Through th is program, OPP will determine if these pesticides continue to meet pesticide safety standards. If they do not, the Agency has the authority to impose limitations and/or restrictions on use, including cancellation if necessary. In addition, FIFRA does provide the authority to suspend if a registrant does not provide required data in a specified time frame.

The 30 PAIs identified during the 2012 Annua l Review are listed be low in Table 1. The registration status for each PAI has been reviewed and notes are included in the table. We have the following additional questions for O PP about the PAIs listed in Table 1:

1. What are the reasons for not re-registering so me of the pesticides that were registered prior to 1984? The most common reason is that the company made a business decision to request a voluntarily cance llation of their registration ra ther than generating required data. In some cases, OPP identified an unacce ptable risk and worked with companies to voluntarily cancel the registration.

2. Does OPP have plans to re-regis ter any of the pesticides on this list that fall into the category described above in question 1? As discussed above, OPP is currently reevaluating the safety of all registered pesticides . Most of the pesticid es listed in the table are not currently registered and, therefor e, would not be reviewed through the registration review program. If a registrant were to seek registration for an unregistered active ingredient, the registrant must apply for a registration and submit currently all required data for the Agency’s consideration.3 3. Does OPP have plans to register any of the pesticides on this list that were never registered? At this time, we know of no pending re gistration applications involving the non-registered chemicals on your list.

4. Based on the list of pesticides, are th ere any that OPP would give a higher prioritization for further review over others? In developing our schedule for registration review, we did pla ce priority on certain groups of registered chemicals, suchas the organophosphate (e.g., chlorpyrifos-methyl, coumaphos, and ethoprop) and nmethyl carbamate (e.g., oxamyl) insecticides. For the chemicals not registered, many are organochlorines, which tend to be very toxic and persistent in the environment.

5. Does OPP have any additional data that woul d help us determine whether the PAIs may be present in industrial wastewater di scharges from pesticide manufacturing in particular (or whether or not they are pr esent in any industrial wastewater discharges)? Production data provided under section 7 of FIFRA might be useful. It does include production for export. We shoul d note that these data are considered confidential business informa tion under FIFRA. Only those with a FIFRA security clearance can access this info rmation. OECA’s contact is Michelle Stevenson at 202- 564-4203. If needed, we can help direct you to people within OPP who also know the

data.

6. Are there available data that document if th ese pesticide chemicals are currently being manufactured or used in the U.S.? In addition to the section 7 liaison mentioned above, OECA has been working on mapping the locatio n of facilities usi ng section 7 and other information. OECA’s contac t is Melissa Saddler at 202-564-5455.

7. Can OPP point us to any additional data sour ces (e.g., literature, wastewater sampling data, manufacturing information) that may be useful for our review? We have already closely reviewed DMR and TRI data. None, other than section 7 data.

8. For trichloronate specifically, this pesticid e chemical is not curre ntly listed in the pesticide registration database. What is the status of this chemical? This insecticide is not registered in the U.S. nor Canada.

Below is an updated table reflecting some clar ifications and additional information. Note that for older chemicals, OPPIN often does not have accurate information on the first registration dates. If the chemical was s ubject to reregistration, the Reregistration Eligibility Decision (RED) document provides the most accurate information.

Table 1. PAIs Registration Status

EPA Method Chemical CAS Number Registration Status

608.1 Chlorobenzilate 510156 All U.S. registrations have been canceled.

Chloropropylate 5836402 All U.S. registrations have been canceled.

Dibromochloropropane 96128 N ever registered in the U.S.

Etridiazole 2593159 First registered in 1962; currently under registration review

614.1 EPN 2104645 All U.S. registrations have been canceled.

615 Dalapon 75990 All U.S. registrations have been canceled.

617 Carbophenothion 786196 All U.S. registrations have been canceled.4 Table 1. PAIs Registration Status

EPA Method Chemical CAS Number Registration Status

Endosulfan sulfate 1031078 N ever registered in the U.S.

Endrin aldehyde a 7421934 N ever registered in the U.S. All U.S. registrations of the parent compound, Endrin, have been canceled.

Heptachlor epoxide b 1024573 N ever registered in the U.S. All U.S. registrations of the parent compound, Heptachlor, have been canceled.

Isodrin 465736 N ever registered in the U.S.

Strobane 8001501 All U.S. registrations have been canceled.

619 Atraton 1610179 N ever registered in the U.S.

Secbumeton 26259450 N ever registered in the U.S.
Simetryn 1014706 N ever registered in the U.S.

622 Chlorpyrifos methyl 5598130 First registered in 1985; currently under registration review

Coumaphos 56724 First registered in 1958; currently under registration review

Ethoprop 13194484 First registered in 1967; currently under registration review

Ronnel 299843 All U.S. registrations have been canceled.

Tokuthion 34643464 N ever registered in the U.S.

Trichloronate 327980 N ever registered in the U.S.

622.1 Aspon 3244904 All U.S. registrations have been canceled.

Dichlofenthion 97176 All U.S. registrations have been canceled.

Famphur 52857 All U.S. registrations have been canceled.

Fenitrothion 122145 First registered in 1975; currently under registration review. Only product registered in the U.S. is for formulating other

insecticides. No end-use p roducts registered

in the U.S.

Fonofos 944229 All U.S. registrations have been canceled.

Thionazin 297972 All U.S. registrations have been canceled.

632 Fluometuron 2164172 First registered in 1974; currently under registration review

N eburon 555373 All U.S. registrations have been canceled.

Oxamyl 23135220 First registered in 1974; currently under registration review
Source: Registration status in formation obtained from the Offi ce of Pesticide Programs at http://iaspub.epa.gov/apex/pest icides/f?p=chemicalsearch:1.

a Endrin aldehyde has never been a registered pesticide, bu t is an impurity and breakdown product of a previously registered pesticide, endrin. Endrin is also a regulated PAI under the Pesticide Chemicals Manufacturing, Formulating, and Packaging ELGs (40 CFR Part 455).

b Heptachlor epoxide has never been a registered pesticide, but is a metabolite of a previously registered pesticide, heptachlor. Heptachlor is also a regulated PAI under the Pes ticide Chemicals Manufactur ing, Formulating, and Packaging ELGs (40 CFR Part 455).5